Horvath

This case calls for the interpretation of Public Utilities Code section 21252, subdivision (a). More precisely, the question is whether the section permits a valid warrantless arrest for a misdemean- or proscribed by the state Aeronautics Act not committed in the arresting officer’s presence. We conclude that the language of the section so permits-, provided the Director of the Department of Transportation has acted pursuant to the statute to implement its provisions.

In this case, no such action had occurred prior to the warrantless arrest involved, and therefore the arrest was illegal and the evidence properly was suppressed.

Procedural and Factual Background

The defendant Horvath was arrested by a peace officer of the El Monte Police Department on the basis of information received from an eyewitness to the effect that Horvath had been involved in an accident while taxiing an airplane at the El Monte Airport, and that he appeared to be under the influence of an intoxicating beverage.

Horvath was charged with a misdemeanor violation of section 21407.5, which provides that it is unlawful for any person, while under the influence of intoxicating liquor, to operate an…